As used in ORS 339.285 to 339.303:\n(1) 'Public education program' means a program in this state that:\n(a) Is for students in early childhood education, elementary school or secondary school;\n(b) Is under the jurisdiction of a school district, an education service district or another educational institution or program; and\n(c) Receives, or serves students who receive, support in any form from any program supported, directly or indirectly, with funds appropriated to the Department of Education.\n(2)(a) 'Restraint' means the restriction of a student’s actions or movements by holding the student or using pressure or other means.\n(b) 'Restraint' does not include:\n(A) Holding a student’s hand or arm to escort the student safely and without the use of force from one area to another;\n(B) Assisting a student to complete a task if the student does not resist the physical contact; or\n(C) Providing reasonable intervention with the minimal exertion of force necessary if the intervention does not include a restraint prohibited under ORS 339.288 and the intervention is necessary to:\n(i) Break up a physical fight;\n(ii) Interrupt a student’s impulsive behavior that threatens the ntion does not include a restraint prohibited under ORS 339.288 and the intervention is necessary to:\n(i) Break up a physical fight;\n(ii) Interrupt a student’s impulsive behavior that threatens the student’s immediate safety, including running in front of a vehicle or climbing on unsafe structures or objects; or\n(iii) Effectively protect oneself or another from an assault, injury or sexual contact with the minimum physical contact necessary for protection.\n(3)(a) 'Seclusion' means the involuntary confinement of a student alone in a room from which the student is physically prevented from leaving.\n(b) 'Seclusion' does not include the removal of a student for a short period of time to provide the student with an opportunity to regain self-control if the student is in a setting from which the student is not physically prevented from leaving.\n(4) 'Serious bodily injury' means any significant impairment of the physical condition of a person, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else. [2011 c.665 §1; 2019 c.267 §1]
Oregon Legal Code